Telangana High Court
The Commmissioner Of Income Tax Cib vs K.Devendra Prasad,Hyderabad on 11 July, 2022
Author: Abhinand Kumar Shavili
Bench: Abhinand Kumar Shavili
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HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
and
HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
W.P.No.18458 OF 2008
ORDER:(Per Hon'ble Sri Justice Abhinand Kumar Shavili) Aggrieved by the order dated 01.01.2008 passed by the Central Administrative Tribunal, Hyderabad, in O.A.No.548 of 2007, the present writ petition is filed.
It is the case of the petitioner that the respondent was working as Tax Assistant and while working as such, he was placed under suspension and continued under suspension. Thereafter, the respondent has filed O.A.No.548 of 2007 before the Tribunal contending that the suspended employee is also entitled for increments. Without appreciating any of the contentions raised by the petitioner, the Tribunal has partly allowed the OA by directing the petitioner to consider sanction of enhanced subsistence allowance of the period after first three months of suspension and to sanction annual increments due. Challenging the same, the present writ petition is filed.
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While admitting the writ petition, on 26.08.2008, this Court granted interim direction.
Thereafter, the petitioner has imposed the punishment of compulsory retirement on the respondent on 05.03.2021, against which, the respondent has also filed O.A.No.730 of 2021 before the Central Administrative Tribunal and the Tribunal vide order dated 29.10.2021 has directed the petitioner to consider the representation submitted by the respondent and pass appropriate orders thereon within a period of two months.
Learned counsel for the petitioner has brought to the notice of this Court that the respondent has also filed appeal before the petitioner and the same was rejected vide proceedings dated 10.01.2022.
Learned counsel appearing for the petitioner had contended that in view of the subsequent events, the interim direction granted by this Court on 26.08.2008 can be made absolute and the writ petition may be closed by making the interim order absolute. 3
Having considered the said submission, the interim order granted by this Court on 26.08.2008 is made absolute and the Writ Petition is closed accordingly. However, the respondent is not entitled to increments during suspension period as per Rule 53 of the Fundamental Rules. No costs.
Miscellaneous petitions, if any, pending shall stand closed.
___________________________ ABHINAND KUMAR SHAVILI,J ________________________ N.V.SHRAVAN KUMAR,J Date: 11.07.2022 rkk 4